BAIJNATH KURMI Vs. STATE

JUDGEMENT

(1.) This is an application, under Section 397(1) of the Criminal Procedure Code, hereinafter referred to as "the Code", by Baijnath Kurmi and Nagina Dusadh, praying that their sentences of seven years' rigorous imprisonment passed separately at two separate trials, be made to run concurrently.

(2.) This application arises in the following circumstances: As a result of a search on the 18th November, 1957, these petitioners, along with others, with whom we are not concerned here, were put on trial at two separate trials.

(3.) The first trial, which was for offences under Sections 399 and 402 of the Indian Penal Code, was held by the Assistant Sessions Judge, Arrah, who convicted these two petitioners on the 22nd January, 1959, under both the sections and passed a sentence of seven years' rigorous imprisonment on each of them under Section 399 of the Indian Penal Code, but passed no separate sentence under Section 402 of the Indian Penal Code.